Commonwealth v. Read — Trial ArchiveMaureen Hartnett - Direct
859 linesCOURT CLERK: administering oath — partially inaudible ...do you swear to tell the truth, the whole truth, and nothing but the truth?
MS. HARTNETT: Yes.
MR. LALLY: Good morning, ma'am.
MS. HARTNETT: Good morning.
MR. LALLY: Could you please state your name and spell your last name for the jury?
MS. HARTNETT: Maureen Hartnett — H-A-R-T-N-E-T-T.
MR. LALLY: All right, Miss Hartnett. I know I'm going to ask you throughout this to keep your voice up, okay?
MS. HARTNETT: Okay.
MR. LALLY: Thank you. And Miss Hartnett, what do you do for work?
MS. HARTNETT: I'm a forensic scientist 2 with the criminalistics unit and Crime Scene Response Unit at the Massachusetts State Police crime laboratory.
MR. LALLY: And how long in total have you been with the Massachusetts State Police crime lab?
MS. HARTNETT: In total, approximately eight years.
MR. LALLY: And I'm going to ask you some questions just a little bit about your educational background. Where did you go as far as your undergraduate was concerned?
MS. HARTNETT: I have a Bachelor of Science in biology from Bridgewater State University.
MR. LALLY: And following the receipt of that degree, where did you go from there?
MS. HARTNETT: I have a Master of Science in forensic science from the University of New Haven.
MR. LALLY: And after you received your master's — — where did you go after that?
MS. HARTNETT: I was then hired by the Massachusetts State Police crime laboratory.
MR. LALLY: And when you're initially hired — you mentioned that you're a forensic scientist 2 now. Is that correct?
MS. HARTNETT: Yes, correct.
MR. LALLY: So when you were initially hired at the State Crime Lab, what was your position and what did that entail?
MS. HARTNETT: Are you referring to back in 2004 or at my current hire?
MR. LALLY: Back in 2004.
MS. HARTNETT: In 2004, I was originally hired as a temporary employee in the CODIS unit.
MR. LALLY: And what is it that you did there?
MS. HARTNETT: I collected blood samples for the DNA database.
MR. LALLY: And did you receive any sort of — — training in regard to that work?
MS. HARTNETT: Yes, I was trained how to properly collect and seal those samples.
MR. LALLY: And what did training sort of consist of in reference to that?
MS. HARTNETT: I demonstrated being able to take those collections and then properly store and seal them.
MR. LALLY: Now, your current position — what is your position at the crime lab now?
MS. HARTNETT: Currently I'm a forensic scientist 2 in the criminalistics unit and Crime Scene Response Unit.
MR. LALLY: And what is sort of the difference between a forensic scientist 2 versus a forensic scientist 1?
MS. HARTNETT: A forensic scientist 1 is still in training at the crime lab.
MR. LALLY: And did you start as a forensic scientist 1 when you came into this particular unit?
MS. HARTNETT: Yes, I did.
MR. LALLY: And about how long a period of — or process — is it from the time that you start as a forensic scientist 1 before you become a forensic scientist 2?
MS. HARTNETT: It takes me approximately 9 to 10 months to be signed off to be a forensic scientist 2.
MR. LALLY: And can you explain to the jury what goes on as far as that process is concerned — going from a forensic scientist 1 to a forensic scientist 2?
MS. HARTNETT: During that time period we are being trained in the various types of analysis that we perform in the criminalistics unit.
MR. LALLY: And what exactly does that training sort of consist of?
MS. HARTNETT: The training is broken up into modules which address each type of analysis. At the end of each module we take a written exam, an oral exam, and a hands-on practical exam. Once each module is successfully completed, we'll move on to the next module.
MR. LALLY: And what are your duties as a forensic scientist in the criminalistics unit and Crime Scene Response Unit?
MS. HARTNETT: In the criminalistics unit, I examine items of evidence submitted by law enforcement personnel or crime scene responders for the presence of biological fluids such as blood, semen, and saliva, as well as trace materials such as hairs and fibers. I also perform gunshot residue collection and damage analysis.
MR. LALLY: And with respect to the Crime Scene Response Unit?
MS. HARTNETT: For the Crime Scene Response Unit, I respond to crime scenes, I document crime scenes, analyze or test evidence, preserve the evidence, and then transport that evidence back to the crime lab.
MR. LALLY: And now with reference to your training and experience — specifically in the Crime Scene Response Unit — based on your training and experience, what is the definition of what is a crime scene?
MS. HARTNETT: A crime scene is any location that may contain evidence related to a crime.
MR. LALLY: Now with regard to those two positions, what ongoing training did — — you receive in regard to those two units that you're currently in while you're at the lab?
MS. HARTNETT: I'm sorry — are you speaking about the crime scene training specifically?
MR. LALLY: Crime scene training. Yes. Let me ask you first to start with the criminalistics training.
MS. HARTNETT: The criminalistics training — I completed modules on body fluid identification such as blood and semen, trace analysis, identification of hairs and fibers, pattern evidence such as bloodstain pattern evidence, as well as damage analysis.
MR. LALLY: And as far as the training was concerned with regard to the Crime Scene Response Unit?
MS. HARTNETT: I received training in proper documentation using sketches and diagrams of the scene. I also received training in trace collection at crime scenes, as well as gunshot residue collection at crime scenes.
MR. LALLY: Now, the crime lab that you work for — is that lab accredited?
MS. HARTNETT: Yes, it is.
MR. LALLY: And as far as accreditation — what does that mean?
MS. HARTNETT: Accreditation is a voluntary quality assurance process that the laboratory is a part of, where an outside body evaluates our crime lab to ensure that our personnel, procedures, and instruments are held to certain scientific standards.
MR. LALLY: And the outside accrediting agency — who is that in regard to the Massachusetts State Police crime lab?
MS. HARTNETT: Our laboratory is accredited by ANAB, which stands for ANSI National Accreditation Board, and ANSI is another acronym that stands for the American National Standards Institute.
MR. LALLY: And as far as that accreditation is concerned, how often is that something that your lab undergoes — or is there a certain audit process? How is accreditation sort of achieved?
MS. HARTNETT: We are audited — I believe every two years, but I'm not 100% sure. They come out to the lab and they go through certain systems or have a certain scope in which they audit us. We also do internal audits as well.
MR. LALLY: And as far as that accreditation is concerned, is that something that was up to date in the month of January 2022?
MS. HARTNETT: Yes, it was.
MR. LALLY: And is it up to date currently as well?
MS. HARTNETT: Yes.
MR. LALLY: Now, your work — I believe you just alluded to this as far as your testimony — but does your work go through some sort of review process?
MS. HARTNETT: Yes. Every assignment that I complete goes through both a technical review process and an administrative review process.
MR. LALLY: Can you explain a little bit about what each of those is and what it means?
MS. HARTNETT: A technical review process is done by an independent analyst — either a peer or a supervisor — who will look through my file and determine whether or not they can — — come to the same conclusions that I came to based on my notes.
MR. LALLY: Are you familiar, based on your training and experience within the lab, with something called a proficiency test?
MS. HARTNETT: Yes, I am.
MR. LALLY: And can you explain to the jury what a proficiency test is?
MS. HARTNETT: Proficiency tests are given in the different types of analysis that we do at the lab to ensure that we are maintaining our competency in that type of analysis.
MR. LALLY: And about how often are these administered — or how often do you take proficiency tests?
MS. HARTNETT: For biological fluid identification, I take two per year. For trace identification, I take one per year. And for — excuse me — for crime scene — response, I take one per year.
MR. LALLY: And these proficiency tests — are they required by the accrediting body, ANAB, that you were referring to?
MS. HARTNETT: Yes, they are.
MR. LALLY: And did you take a proficiency test in hair and fiber identification in 2022?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what was the outcome of that proficiency test?
MS. HARTNETT: That was successfully completed and required a remediation.
MR. LALLY: Can you explain to the jury what remediation is, and why this specific proficiency test required remediation?
MS. HARTNETT: A remediation occurs when you have an inconsistent answer with what is expected by the laboratory or by the test provider. In this particular instance, I had an inconsistent answer with the expected laboratory result.
MR. LALLY: And how was the remediation completed in this instance?
MS. HARTNETT: After the inconsistent answer was identified by my technical leader, we had a verbal discussion about why I came to the conclusion I did. To be more specific, each item had two samples — one of the samples for item four I determined as being a human hair without a root, when in fact the root was present. We had a discussion on how I came to that conclusion, and then she mounted that hair back on the microscope and we discussed different ways that I could have come to the correct conclusion.
MR. LALLY: And during that remediation process, were you permitted to continue to perform casework during that time?
MS. HARTNETT: Yes, I was. I was permitted to continue to perform casework in hair and fiber identification; however, I was temporarily asked to not perform technical reviews of my peers' work in hair and fiber identification.
MR. LALLY: And was prior casework that you had completed evaluated to verify that previous reports were issued correctly?
MS. HARTNETT: Yes, they were.
MR. LALLY: And what was the determination in regard to that?
MS. HARTNETT: No previous casework was affected by this error.
MR. LALLY: And have you since completed additional proficiency tests in hair and fiber identification?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what were the outcomes of those subsequent proficiency tests?
MS. HARTNETT: Those were successfully completed without needing any additional remediation.
MR. LALLY: As far as the remediation was concerned, if you could just explain to the jury what the issue was and what that remediation process looked like.
MS. HARTNETT: Sure. I received four items in hair and fiber identification. Each item was told that they came from the same source. Item number four consisted of two items — one was a hair with a root, the other was also a human hair with a root, but I had said the root was absent. That was due to the fact that I didn't see anything like that under the microscope. It was something that was new to me. My technical leader reviewed that hair with me under the microscope; she showed me various characteristics, such as a loss of scale pattern and the soft appearance of the root, which I thought was damaged.
MS. HARTNETT: Because we had this discussion and I agreed with the different characteristics that she showed me, she then gave me several hairs — both with damage and with roots — so that I could basically continue to understand the difference of what I was looking at. Once she looked at all my notes and agreed with everything that I had done, she then issued me an additional test to demonstrate my continued competency in this.
MR. LALLY: Now, how many criminalistics cases have you processed over your time at the lab?
MS. HARTNETT: Over a thousand.
MR. LALLY: And how many scenes have you processed in regard to your work with the Crime Scene Response Unit?
MS. HARTNETT: I responded to approximately 50 scenes, 8 of which I was the lead investigator on.
MR. LALLY: And how many exams have you completed with regard to motor vehicles?
MS. HARTNETT: Approximately 65.
MR. LALLY: Now, if I could ask just a general question — as far as blood testing is concerned, how is it that you test for blood?
MS. HARTNETT: Normally I would test for blood by locating a visible red-brown stain, or an area that may contain blood. I perform a screening test which is not specific to blood, but other items may also come up positive for the screening test. If that screening test is positive, I go on to perform a confirmatory test.
MR. LALLY: And as far as the screening test is concerned, can you explain to the jury what it is that you do in performing that screening test?
MS. HARTNETT: The screening test is a two-step process. I take a cotton swab, which I apply sterile water to, I take that cotton swab and apply it to the area that I would like to test, and then I add my two chemicals to the swab. Depending on what type of screening test I perform, there'll be a color change — either blue or pink — for blood.
MR. LALLY: And with regard to the confirmatory test, can you explain to the jury what that consists of?
MS. HARTNETT: If the screening test is positive, I'll go on to perform a confirmatory test. Again, a cotton swab is applied to the area of interest, or I may take a cutting depending on what the substance is. I then add a chemical to that cutting or swab, and then the liquid portion is added to a test card — something similar to a COVID test or pregnancy test. The liquid is spotted at one end of the card and it flows up the strip. If there are two lines, it's positive; if there's one line, it's negative.
MR. LALLY: And through your training, experience, and work with the lab, are you familiar with a term called QLim?
MS. HARTNETT: Yes, I am.
MR. LALLY: And can you explain to the jury what QLim means, or how it's applied?
MS. HARTNETT: QLim stands for "quantity limited," which means that the sample, if it's being sent forward to DNA, would not be able to be divided in two. Typically, we divide each sample going forward to DNA into two — one to be tested in our DNA unit, and one to be preserved for future testing. If an item is deemed QLim, it means that the entire item will be used up in the DNA processing.
MR. LALLY: Now, Ms. Hartnett, if I could turn your attention to February 2nd, 2022 — do you recall that date?
MS. HARTNETT: Yes, I do.
MR. LALLY: And on that date, were you dispatched to the Canton Police Department?
MS. HARTNETT: Yes, I was.
MR. LALLY: And do you recall approximately what time of day it was that you arrived at the Canton Police Department?
MS. HARTNETT: I believe it was approximately 9:00 a.m.
MR. LALLY: And when you arrived there, who, if anyone, beyond yourself from State Police or other personnel was present at the scene?
MS. HARTNETT: Trooper Proctor, Trooper Dunne, and Trooper Clark from the Crime Scene Services Unit.
MR. LALLY: And at some point subsequent to that, were there other members of the State Police that arrived in that area as well?
MS. HARTNETT: Yes.
MR. LALLY: And was one of them a Reconstructionist named Trooper Paul?
MS. HARTNETT: I'm not sure what the name was. I do know that the Reconstruction team did come on after I arrived.
MR. LALLY: Now, where within the Canton Police Department were you directed to go, or where did you go?
MS. HARTNETT: I was directed to the Canton Police Department garage.
MR. LALLY: And when you got to the garage, what specifically did you observe there? What, if anything, were you asked to do?
MS. HARTNETT: I was asked to examine a black Lexus SUV.
MR. LALLY: And did you then examine that black Lexus SUV?
MS. HARTNETT: Yes, I did.
MR. LALLY: And you made certain observations of that; is that correct?
MS. HARTNETT: Yes, correct.
MR. LALLY: Now, with respect to your observations that you made of the black Lexus SUV, was that memorialized in any way?
MS. HARTNETT: Yes, I took notes as I was examining it.
MR. LALLY: And you mentioned Trooper Clark as well; is that correct?
MS. HARTNETT: Yes, correct.
MR. LALLY: And is he from the Crime Scene Services section within the State Police lab?
MS. HARTNETT: Yes.
MR. LALLY: And what, if anything, was he doing with reference to the black Lexus while you were making your observations, while you were conducting the work?
MS. HARTNETT: I believe he was taking photographs. I don't know what else he performed while he was there.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you a three-page document. Do you recognize that document, ma'am?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize it to be?
MS. HARTNETT: It looks like diagrams that I had taken at the scene; however, it appears to be missing some information.
MR. LALLY: So as far as the notes that you took — Ms. Hartnett, you had taken notes on those diagrams when you were at the Canton Police Department garage?
MS. HARTNETT: Yes, I did.
MR. LALLY: And the diagram that you have before you does not contain those notes; is that correct?
MS. HARTNETT: That's correct.
MR. LALLY: But as far as the diagrams that you had before you and that you were taking notes on — those are the diagrams, or a form of those diagrams?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And contained on that is certain information related to the vehicle; is that correct?
MS. HARTNETT: Yes, correct.
MR. LALLY: The make, the model, license plate number; is that correct?
MS. HARTNETT: Yes.
MR. LALLY: And if you could just read from that form as far as what you recorded — the make, the model, and the license plate.
MS. HARTNETT: The make is Lexus, the model is LX570, the year was 2021, the registration is Massachusetts 3GC684, the VIN number is JTJ-FY7-AX1-M434347, the exterior color is black, the interior color is tan, the registrant is Karen Read, and the exam location was Canton PD garage.
MR. LALLY: May I approach, Judge?
JUDGE CANNONE: Yes.
MR. LALLY: I'd seek to introduce Exhibit 137. Any objection?
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you.
MR. LALLY: Now, Ms. Hartnett, with reference to the diagram that you took notes on — do you have a copy of that with you today?
MS. HARTNETT: Yes, I do.
MR. LALLY: With the Court's permission, I would ask that the witness be allowed to take that out, as far as the testimony related to the diagram.
JUDGE CANNONE: Okay.
MR. LALLY: And with the Court's permission as well, I would ask if we could display what's now been marked as Exhibit 137 on the screen.
JUDGE CANNONE: Yes.
MR. LALLY: And, Ms. Hartnett, before you — I'll leave on that desk in front of you there should be a laser pointer. Just click on the button there and point at the screen if I or anyone asks you to do so with reference to the screen. So, Ms. Hartnett, with reference to what's up on the screen -- the top of that first page of diagrams -- um, if you could using that laser pointer direct the jury's attention to what you observed and what, if anything, you made note of uh in reference to your observations of the black Lexus on February 2.
MS. HARTNETT: Okay. In my notes I had -- the vehicle was in overall good condition and there was damage noted on the rear passenger side area. So that's not viewable in this particular diagram and -- you can go down. So in this area here.
MR. LALLY: And as far as the damage that you noted in the right rear passenger area, what was it specifically that you noted?
MS. HARTNETT: I noted there was a dent.
MR. LALLY: Yeah. Don't, don't read from there. Um, what did you note?
MS. HARTNETT: There was a dent in the trunk door, there were scratches on the rear bumper, and there was a broken tail light.
MR. LALLY: And next -- now from the diagrams that are up on the screen right now, page two of what's been marked as 137, if you could using that direct each of those observations you made and where they were in relation to the damage -- to the dent.
MS. HARTNETT: Um, the rear door was in this area, the broken tail light was here, and then there was some scratches on the rear bumper as well.
MR. LALLY: Now in addition to scratches on the rear bumper, on the area of that lift gate in back, what if anything else did you observe sort of within that area?
MS. HARTNETT: I observed an apparent hair on the rear quarter panel about here, and I also noted some pieces of glass on the rear bumper. Excuse me, I want to say apparent pieces of glass.
MR. LALLY: Now as far as that word -- when you say apparent hair on the rear -- why, why that terminology? Why do you call it that? At that stage, when you're in the garage and you're making these observations?
MS. HARTNETT: At that time I noted that it was an apparent hair because I had not done any microscopic observation of the hair.
MR. LALLY: And subsequent to that, did you do that microscopic examination of the hair that you observed in the rear area of that Lexus SUV?
MS. HARTNETT: Yes I did.
MR. LALLY: And where was that performed?
MS. HARTNETT: That was performed back at the lab.
MR. LALLY: So that item was secured by yourself, taken back to the lab, and examined microscopically?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now with reference to what you termed as the apparent glass on the rear bumper -- um, similar to the apparent hair, why, why is it that you use that terminology when you're making those observations of it uh in the garage?
MS. HARTNETT: I did not have any confirmation that it was glass. We refer to it as apparent glass and preserved it for the trace unit.
MR. LALLY: And when you say uh reserved it for the trace unit, if you could um just in in general terms describe to the jury what the trace unit is and what is it that they do as far as their analysis or relation to what you do.
MS. HARTNETT: Certain items will be examined in the trace unit for identification. So the criminalistics unit does not perform glass identification -- that would be done in the trace unit. They would also um -- they also will look at other items such as plastic and hairs, but I'm not comfortable going into the analysis that they perform, I don't have the details on that.
PARENTHETICAL: [pause]
MR. LALLY: Ma'am, do you uh -- generally speaking, do you recognize what's depicted in those photographs?
MR. LALLY: And lastly, Miss Gilman, if I could have the third diagram -- and again, Miss Hartnett, what's up on the screen, is that before you as the third diagram?
MS. HARTNETT: Yes, or the third page of the diagram.
MR. LALLY: And what if anything of significance did you note in this area?
MS. HARTNETT: I noted the items that were located within the vehicle. There were some boxes on the back seat of the vehicle, there was also a package in the vehicle, and some clothing and miscellaneous items in the trunk.
MR. LALLY: Now as far as the items that were contained within the trunk, um, how high up were they -- um, let me ask you this: as far as the rear window of the trunk area, was there anything obstructing that?
MS. HARTNETT: I don't recall at this time.
MR. LALLY: Excuse me. May I approach again?
JUDGE CANNONE: Yes.
MR. LALLY: I'm going to show you initially a set of 18 photographs, ask generally -- and I'm just going to ask you generally speaking if you recognize what is contained there.
MS. HARTNETT: Yes I do.
MR. LALLY: And what do you recognize in those?
MS. HARTNETT: These are photographs of the black Lexus SUV that I examined at the Canton Police Department.
MR. LALLY: What's contained in those photographs -- is that a fair portrayal of what you observed as far as the black Lexus on that date of February 2nd?
MS. HARTNETT: Yes.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: So all I'm asking on is if I may approach just to show a couple more photographs while the court reporter is recording so that the witness may review them.
JUDGE CANNONE: Okay. We're done. If anyone speaks before I'm done, it won't be on the record. For [exhibits] 138 and 15. Thank you very much. So, Mr. Lally, you really need to keep your voice up, and the witnesses --
MR. LALLY: Yeah, sure, your honor. With the Court's permission, may I publish uh those photographs that have now been marked for the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Um, and Miss Gilman, if I could start with uh 2498. Miss Hartnett, you recognize what's up on the screen?
MS. HARTNETT: Yes I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is a picture of the license plate of the black Lexus SUV.
MR. LALLY: And if I can have the next photograph -- MG 2499. Again, you recognize what's up on the screen, Miss Hartnett?
MS. HARTNETT: Yes I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the front end of the Lexus SUV.
MR. LALLY: 2500. And again, you recognize what's up on the screen? Is this exhibit 140?
MS. HARTNETT: Yes I do.
MR. LALLY: And what do you recognize within this?
MS. HARTNETT: The exterior of the Lexus SUV.
MR. LALLY: And as far as this -- this is inside of the garage of the Canton police station, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: In addition to the vehicle, is this a fair and accurate depiction of what the inside of the garage looked like when you were there that day?
MS. HARTNETT: Yes.
MR. LALLY: 2501. And again, do you recognize what's up on screen now?
MS. HARTNETT: Yes I do.
MR. LALLY: And which part of the vehicle are we looking at in this photograph?
MS. HARTNETT: Looks like the front passenger side of the Lexus SUV.
MR. LALLY: And the next photograph -- Gilman, 2502. And do you recognize what's depicted in this photograph as well?
MS. HARTNETT: Yes.
MR. LALLY: And which side of the vehicle are we looking at at this point?
MS. HARTNETT: The driver's side.
MR. LALLY: And if I could have 2505. And you recognize what this photograph --
MS. HARTNETT: Yes I do.
MR. LALLY: And what do you recognize this to be?
MS. HARTNETT: That's the rear driver's side of the black Lexus SUV.
MR. LALLY: And the next photograph, 2506. You recognize this as well?
MS. HARTNETT: Yes I do.
MR. LALLY: And what do you recognize this to be?
MS. HARTNETT: That's the rear of the black Lexus SUV.
MR. LALLY: As far as the caution tape that's around the vehicle -- is that something that was around the vehicle the time that you first came into the garage?
MS. HARTNETT: Yes it was.
MR. LALLY: Now from this photograph, 2506, which is exhibit 145, using the laser pointer before you, if you could draw the jury's attention to the damage that you were talking about -- where you observed that located on the vehicle.
MS. HARTNETT: There is damage here on the bumper and there was also damage to the rear door. I think it may be blocked by the caution tape.
MR. LALLY: And [exhibit] -- [unintelligible] -- so looking now at what's been marked as 147B -- now with reference to the damage that you were talking about that may have been blocked by the caution tape in the prior exhibit, do you see that in this exhibit?
MS. HARTNETT: Yes I do.
MR. LALLY: And if you could again, using the laser pointer before you, draw the jury's attention to where.
MS. HARTNETT: Right here. It's on the rear door, right underneath the window.
MR. LALLY: Now, as far as the Locard exchange principle is concerned, um, when you're doing this kind of examination of a motor vehicle, can you explain to the jury sort of what that process entails and what is it that you're doing over the course of your examination?
MS. HARTNETT: I complete an overall visual examination of the vehicle, noting any damage or anything that stands out that should be recorded. Um, I then look for any stains or material that is on the vehicle, um, specifically um, any transfer that could have been left behind by a victim.
MR. LALLY: And as far as making those observations, what if anything do you then do with regard to those observations that you made from visual inspection?
MS. HARTNETT: I'll then perform testing on any stains that I note or any areas of interest, and then collect anything that needs to be collected.
MR. LALLY: Now with respect to this vehicle and this examination, what -- what is it exactly that you were requested to examine?
MS. HARTNETT: I was informed that this vehicle may have been involved in a hit and run, so I was -- I was requested to examine it for biological material.
MR. LALLY: And what if any information were you given upon arrival to the Canton
MS. HARTNETT: Police department in regard to that vehicle. I was informed that the victim had scratches on his arm, as well as the fact that the car had been towed through a blizzard.
MR. LALLY: And did you perform any testing in relation to the vehicle?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what was that testing that you performed?
MS. HARTNETT: I performed blood screening on the lower lining areas of the undercarriage, on each side of the tire flap, as well as the edge of the bumper and the exhaust pipe.
MR. LALLY: And what were the results of that testing that you performed there in the garage?
MS. HARTNETT: Those were negative.
MR. LALLY: And what, if any, evidence did you collect while you were either — — from the vehicle or from any other source while you were at the Canton station?
MS. HARTNETT: I collected the apparent glass from the rear bumper. I collected a paint standard from the area of damage on the rear door. I also collected a paint standard from the area of damage on the rear bumper, as well as the apparent hair from the rear quarter panel. And I collected the tail light housing from the vehicle.
MR. LALLY: And turning away from that just for a moment — Miss Gilman, if I could ask for photograph 2512 — — on the screen. Do you recognize this?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what, if anything, of significance in relation to items collected or items you observed — did you observe in this particular photograph?
MS. HARTNETT: I observe the apparent glass on the rear bumper.
MR. LALLY: Miss Gilman, if I could have photograph 2515. And again, up on the screen — what's now been marked as [exhibit] 153. You recognize this?
MS. HARTNETT: Yes, I do.
MR. LALLY: Now, as far as that area that you were talking about where you recovered — which you term initially in the garage as an apparent human hair — do you see the location of that within this photograph? Is it possible to zoom in a little bit on the area right next to the — right — the rear tail light?
MS. HARTNETT: To the best of my recollection, it was in this area.
MR. LALLY: Now, as far as areas where you observe certain items, or where damage is indicated or observed by you, is that later marked in some fashion?
MS. HARTNETT: I note the damage in my notes.
MR. LALLY: But as far as on the physical item itself, is that marked in any way, shape, or form?
MS. HARTNETT: Yes. I'll use stickers to indicate areas that I would then refer back to in my notes.
MR. LALLY: So that second set of photographs that I placed before you when the clerk was marking those exhibits — do you generally recognize what's depicted in those photographs?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize — these are —
MS. HARTNETT: Pictures of the interior of the black Lexus SUV.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'd like to introduce and admit four photographs as the next [exhibits]. Is there any objection?
MR. JACKSON: No objection.
JUDGE CANNONE: 156 to 159. I'll take care of that.
MR. LALLY: Thank you very much, your honor. With the court's permission, I would ask to publish those for the jury as well.
JUDGE CANNONE: Okay.
MR. LALLY: Miss Hartnett, again directing your attention to the screen — do you recognize what's now been marked as exhibit 156?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That's the driver compartment of the black Lexus SUV.
MR. LALLY: And Miss Gilman, if I could have photograph 2527.
JUDGE CANNONE: I'll have just a moment with counsel. Okay. Thank you. I appreciate it.
MR. LALLY: To direct your attention — on the screen, photograph 2527, that's now been marked — — as exhibit 157. You recognize that as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is depicted in that photograph?
MS. HARTNETT: It's the front seat area of the black Lexus SUV.
MR. LALLY: And specifically, as far as the center console area of that vehicle — is that a fair and accurate portrayal of what you observed inside the vehicle on February second?
MS. HARTNETT: Yes.
MR. LALLY: And lastly from this packet — Miss Gilman, if I could have photograph 2535. And Miss Hartnett, 2535, which has now been marked as exhibit 159. Do you recognize what's up on the screen there?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That's the interior of the trunk of the black Lexus SUV.
MR. LALLY: And is that a fair and accurate portrayal of the interior of the trunk — — as you observed it in the Canton Police Department garage on February 2?
MS. HARTNETT: Yes.
MR. LALLY: Thank you. Can I approach the witness again, your honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you another series of nine photographs. Again, look up when you're finished. What I'm going to ask you is — do you recognize what's depicted in these? Do you recognize what's depicted in those photographs, ma'am?
MS. HARTNETT: Yes, I do.
MR. LALLY: And generally speaking, what's depicted in — that set of nine — there?
MS. HARTNETT: These are pictures of the rear passenger area of the black Lexus.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I'd like to admit these as the next [exhibits]. Is there any objection?
MR. JACKSON: None, your honor.
JUDGE CANNONE: You really have to keep your voice up.
MR. JACKSON: I'm sorry.
JUDGE CANNONE: You really have to keep your voice up.
MR. JACKSON: I apologize.
JUDGE CANNONE: 160 through 166.
MR. LALLY: Sorry. Thank you very much, your honor. With the court's permission, may I publish portions of this for the jury as well?
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have photograph 2539. What's up on the screen — is photograph 2539, that's now been marked as exhibit 160. Do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That's the rear passenger area of the black Lexus.
MR. LALLY: As far as the damage that you observed from the broken tail light, if you could — using the laser pointer before you — direct the jury's attention to that. What's visible of that in this photograph?
MS. HARTNETT: This area here is the broken tail light.
MR. LALLY: And Miss Gilman, if I could have photograph 2544, now exhibit 161. Again, Miss Hartnett, if you could using — — that laser pointer, direct the jury's attention to where you observe, if anywhere, in this photograph, damage.
MS. HARTNETT: To the right, there's damage in this area here to the rear tail light.
MR. LALLY: From the damage that you observed, it essentially wraps around from both the back and from the passenger side of the vehicle — is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: If I could have photograph 2554. And Miss Hartnett, you recognize what's up on the screen — is photograph 2546?
MS. HARTNETT: Yes, I do.
MR. LALLY: And — talking before, earlier in your testimony — about some stickers or some sort of evidentiary marker that you would put on an item that you're examining — correct?
MS. HARTNETT: Correct.
MR. LALLY: Do you see any of that in this photograph here?
MS. HARTNETT: Yes, I do. And —
MR. LALLY: Could you direct the jury's attention — using the laser pointer — to where you observe that, and what, if any, area of damage or what that's denoted?
MS. HARTNETT: There's a sticker here, and — I know you can't see — I don't know if you can zoom in — there's a letter on the sticker. I believe it's an "A," that denotes that there's something there that I was going to collect. And right next to that sticker here is the apparent hair that I noticed.
MR. LALLY: If I could have photograph 2558. And similarly, Miss Hartnett, you recognize anything in this photograph in regard to something that you had marked?
MS. HARTNETT: Yes. That's the rear bumper of the SUV.
MR. LALLY: And if you could zoom in a little on — — that. And Miss Hartnett, in this photograph, what, if anything, is depicted that you denoted as something to further examine later?
MS. HARTNETT: There's pieces of apparent glass here on the bumper.
MR. LALLY: May I approach the witness again, your honor?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you another series of photographs. Do you recognize what's depicted in those photographs, ma'am?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those?
MS. HARTNETT: This is the rear passenger exterior right below the tail light on the Lexus SUV.
MR. LALLY: And, your honor, may I approach the witness?
JUDGE CANNONE: Yes. Okay.
MR. LALLY: [Exhibits] 169, 170. With the court's permission, may I publish — some of these photographs — to the jury?
JUDGE CANNONE: Yes.
MR. LALLY: Miss Gilman, if I could have photograph 2573. Miss Gilman, again — photograph 2573, which has now been marked as exhibit 169. Do you recognize what's depicted in this?
MS. HARTNETT: Yes, I do.
MR. LALLY: And if you could explain to the jury sort of what we're looking at in this photograph.
MS. HARTNETT: This is the area of the rear passenger side of the vehicle, just below the tail light.
MR. LALLY: And Miss Gilman, if I could direct your attention — sort of towards the top center of that photograph — if you could zoom in on that area. Miss Hartnett, do you observe another sort of sticker or marker that you placed in that area?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what, if anything, is that in reference —
MS. HARTNETT: I'm sorry, I can't see what the letter is on it, so I'm not sure what that's in reference to.
JUDGE CANNONE: Mr. Lally, when you read — when you put your head down to read — your voice goes down considerably. We can't get a recording of your voice, so you need to speak up.
MR. LALLY: Understood. Miss Gilman, if I could have photograph 2576. Miss Hartnett, if you could — with reference to the two areas up on that — if you can zoom in on that area — can you see better there, as far as what the sticker is and what you had noted there?
MS. HARTNETT: Yes.
MR. LALLY: And can you explain to the jury what you had noted in that particular area?
MS. HARTNETT: I noted there were scratches in that area.
MR. LALLY: And also within this exhibit 172, there's another sticker further upward on the vehicle. What, if anything, did you denote or observe in that particular area?
MS. HARTNETT: In that area, I noted the apparent hair.
MR. LALLY: Can I approach the witness, your honor?
JUDGE CANNONE: Yes.
MR. LALLY: Another series of photographs — asking the same question. Take a look at those, and asking if you recognize approximately what they are.
JUDGE CANNONE: Next question, Mr. Lally.
MR. LALLY: I'm sorry — may I approach?
JUDGE CANNONE: Yes.
MR. LALLY: I move to introduce — this is for 173 through 186. Thank you, thank you very much, Your Honor. With the court's permission, I'd ask to publish some of those photographs to the jury.
JUDGE CANNONE: Yes, yes, let them come in.
MR. LALLY: Miss Gilman, if I can have 2558 again. Miss Hartnett, do you recognize what's contained in photograph 2558, exhibit 173?
MS. HARTNETT: Yes, I do.
MR. LALLY: And if I can ask you to just zoom in a bit on the sticker in the middle of the screen. Miss Hartnett, what is depicted in this photograph?
MS. HARTNETT: That is a picture of the apparent hair I noted in the area.
MR. LALLY: Miss Gilman, if I could have 2561. For the record, this is exhibit 176. Miss Gilman, if I could ask you to zoom in a bit on the sticker in the middle there. Miss Hartnett, do you recognize what's in this exhibit?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That's the damage I noted on the rear door.
MR. LALLY: Thank you. May I approach the witness?
JUDGE CANNONE: Yes.
MR. LALLY: I'm showing you a series of three photographs. Do you recognize those, ma'am?
PARENTHETICAL: [Court Officer]
MR. LALLY: Now, as far as the collection of that evidence that you collected from the vehicle — specifically, how was that evidence collected? And again, you've received training in regard to collecting evidence, correct?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are photos that I took of the tail light housing back at the lab.
MR. LALLY: And what's contained in those three photographs — is that a fair and accurate portrayal of the tail light housing once you had removed it and taken it back to the lab?
MS. HARTNETT: Yes.
MR. LALLY: May I approach again, Your Honor?
JUDGE CANNONE: Yes.
MR. LALLY: I move to introduce —
MR. JACKSON: No objection.
JUDGE CANNONE: Thank you.
MR. LALLY: Thank you, thank you very much. So, Miss Hartnett, before we get to those photographs, I do have a few questions. It makes no difference to me, but I think we can turn the light back on. Thank you, Mr.
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And the collection of evidence that you did in this case — was that in conformity with that training and experience that you have?
MS. HARTNETT: Yes, it was.
MR. LALLY: And so, how did you collect those pieces of evidence from the vehicle?
MS. HARTNETT: It depends on what the item was. The tail light specifically — is that what you're asking about?
MR. LALLY: Well, first let me ask, as far as the hair — and then I'll move on to some other items, if that's all right. So, as far as the hair was concerned, how was that collected?
MS. HARTNETT: I would have collected the hair with tweezers, put it in a glassine envelope, and then put that into a larger manila envelope.
MR. LALLY: And as far as those steps that you take in the collection — what are some of the concerns for that, or why is it that you take those steps?
MS. HARTNETT: Prior to touching any evidence, I would put on gloves. I'm not sure in this case whether I used disposable tweezers or reusable tweezers. If I used reusable tweezers, they would have been bleached prior to my using them, to prevent contamination.
MR. LALLY: And so each of those steps that you take in your collection process — is that fair to say that it's in an effort to combat contamination?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now, with regard to the paint chips or paint standards from the vehicle, how did you collect those?
MS. HARTNETT: Those would have been collected with a disposable scalpel. I use it to scrape off pieces of paint from the vehicle, which are then put in the glassine envelope and a larger manila envelope.
MR. LALLY: And as far as the pieces of glass from the bumper area of the vehicle, how were those collected?
MS. HARTNETT: I collected those with gloves. I may have used tweezers — I don't recall at the time — but again, if I used tweezers, I would have used bleached tweezers or disposable tweezers.
MR. LALLY: Now, as far as that tail light assembly was concerned, how was that collected — or what issues did you have with regard to collecting it?
MS. HARTNETT: I removed the tail light. Once I had the tail light housing in my possession, I did have trouble disconnecting it from the vehicle, so a police officer on scene did help me disconnect it from the vehicle so that I could properly package it.
MR. LALLY: And as far as what exactly was it that that officer helped you do?
MS. HARTNETT: I believe he just removed — helped undo the wires in the back of the tail light, so I could properly hold it and didn't have to place it down anywhere.
MR. LALLY: So you had two hands on the tail light as he was performing that — is that correct?
MS. HARTNETT: Yes, I believe I did.
MR. LALLY: And as far as the area of the tail light that you were holding, you were wearing gloves, correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And as far as that area that you were holding with your two gloved hands, did that officer touch any area of that part of the tail light?
MS. HARTNETT: Not to my recollection, no.
MR. LALLY: And do you recall whether or not that officer was wearing gloves himself when he disconnected that wiring?
MS. HARTNETT: I don't recall.
MR. LALLY: Now, as far as once you removed that tail light — what if anything did you do with the tail light there?
MS. HARTNETT: I put it into a brown paper bag and then transported it back to the lab, where I then properly secured it in a box with added cushion from additional paper, to ensure that no additional damage was done.
MR. LALLY: Now, with respect to your time at the Canton police station — were you presented with any additional evidence by any officers from the Canton police?
MS. HARTNETT: Yes, I was.
MR. LALLY: And what were those items?
MS. HARTNETT: I was presented with a broken drinking glass that was reported to have been recovered from the scene at 34 Fairview Road. I was also presented with several Solo cups filled with frozen red-brown stains.
MR. LALLY: Now, starting with the drinking glass, what if anything did you do with regard to the drinking glass?
MS. HARTNETT: I packaged it in a brown paper bag.
MR. LALLY: And with regard to the cups with red-brown stains contained within, what if anything did you do with regard to that?
MS. HARTNETT: I allowed them to thaw, and then I took two sterile swabs — like something similar to a Q-tip — and collected a sample from the red-brown stains in those cups.
MR. LALLY: And then what if anything — after you took the swabbing from those Solo cups, what — let me ask first, with regard to the Solo cups: what was done with those?
MS. HARTNETT: I'm sorry, can you repeat that?
MR. LALLY: Sure. So, after you took the swabbing from the cups, what if anything was done with the cups?
MS. HARTNETT: I returned them to the Canton Police Department to store as they saw fit.
MR. LALLY: And as far as the swabbing that you took, what did you do with those?
MS. HARTNETT: I secured those in a glassine envelope and a larger manila envelope, and then transported those back to the lab.
MR. LALLY: Now, after your examination on scene, you returned back to the lab, correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And what items of evidence did you examine first in this case in the lab?
MS. HARTNETT: I examined the apparent hair from the vehicle as well as the broken tail light.
MR. LALLY: Now, starting with the examination of the tail light — well, let me ask in general terms: when items are taken by you back from any kind of scene or any kind of place that you're processing and you bring them back to the lab, what is it that you do with them when you get back to the lab?
MS. HARTNETT: When I get back to the lab, I ensure that they're packaged properly, that they're sealed, and they're stored in the appropriate location within the lab. I also enter them into our laboratory information management system so that from that point forward those items can be tracked throughout the lab.
MR. LALLY: Now, when you come in with a case, is there some sort of number or something that's associated with the case when you first generate that?
MS. HARTNETT: Yes.
MR. LALLY: And do you recall the case number that was assigned with regard to this investigation?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is that case number?
MS. HARTNETT: The case number at the lab was 22-2184.
MR. LALLY: Now, with regard to each specific item of evidence that's taken back to the lab and logged in, what if any numbers are assigned or associated with those particular pieces of evidence?
MS. HARTNETT: Each piece of evidence is given an independent lab item number.
MR. LALLY: Now, with respect to the tail light — that was labeled as 3-1, is that correct?
MS. HARTNETT: That's correct.
MR. LALLY: So, with respect to item 3-1, or the tail light, can you explain to the jury the examination process that went into that?
MS. HARTNETT: Sure. I prepped my workspace by spraying it down with a 10% bleach solution. I also sprayed down any reusable utensils that I would need to use. I then applied a piece of butcher paper to protect the lab bench and prevent contamination. I would put on gloves, my lab coat, and mask before I examine any item of evidence, and then I took photographs of what the packaging looked like and then a photograph of the piece of evidence itself.
MR. LALLY: And then from that specific item, did you perform any testing on that item?
MS. HARTNETT: No, I did not do any testing on the item.
MR. LALLY: And why not?
MS. HARTNETT: Due to the case history, there was no visible red-brown stains on the item, as well as the fact there was a very limited surface area for me to sample from. In addition, I was informed that the car had been towed through a blizzard. So, given the fact that there was potentially very limited material on the tail light — if any — any type of testing that we do would remove additional material, so I made the conservative decision to take a swabbing of the item and send it forward for DNA.
MR. LALLY: And as far as that swabbing of the — item for DNA purposes, can you explain sort of what the process is or how that's done?
MS. HARTNETT: Yes. We use a polyester swab, which is a flat, spatula-shaped swab. I apply sterile water to the swab and rub the exposed areas of the tail light, and then that swab dries before it's packaged and sent to DNA.
MR. LALLY: Now, with the Court's permission, could I publish for the jury what's now been marked as exhibits 187 through 189?
PARENTHETICAL: [Pause]
JUDGE CANNONE: Yes.
MR. LALLY: If I can have first 8970. Now, directing your attention to what's up on the screen — now is exhibit 187 — do you recognize what's in there?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is the tail light that I removed from the black Lexus SUV.
MR. LALLY: And if I could have 8971 — the next photograph — what's now on the screen is exhibit 188. Do you recognize what's depicted there?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what is depicted there, and what if anything — in addition to the tail light — what if anything are you doing?
MS. HARTNETT: That is the tail light from the black Lexus SUV from a different angle. I'm holding up a ruler to show the scale of the item.
MR. LALLY: And lastly, 8972 — exhibit 189. And again, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: Can you explain to the jury what we're looking at perspective-wise and what if anything you're doing?
MS. HARTNETT: That is the back side of the tail light, and again I'm holding up a ruler to show the scale of the item.
JUDGE CANNONE: Just one moment.
MR. LALLY: Now, Ms. Hartnett, from your initial response to the Canton Police Department, you secured a number of different items from the Canton police station that day, correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And those were labeled subsequently as items 3-1 through 3-13, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now, turning your attention to item 3-6 — that was the apparent hair, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And in reference to your analysis with regard to hair — that QM term that I asked you about before — what if any significance did that terminology have to your examination of the hair?
MS. HARTNETT: Per protocol, all hairs that will go forward for DNA are considered QM, meaning that the entire sample will be used up during testing.
MR. LALLY: And with regard to item 3-6, the apparent hair, can you explain the examination process or what it is that you're doing with reference to that?
MS. HARTNETT: Yes. I take the apparent hair and I mount it on a glass slide using deionized water. I then put the slide under a microscope and I'm looking for certain characteristics to determine if that piece of material is a hair or fiber or some other unknown material.
MR. LALLY: And as far as your examination is concerned — in that microscopic analysis — what are some of the characteristics that you're trained to look for, that you observed in this specific instance to give you that determination that it was human?
MS. HARTNETT: On the exterior of the hair there'll be scales, and depending on their shape it can help you determine whether or not the hair is an animal hair or a human hair. Human hairs have imbricate scales, which look like overlapping shingles with a wave-like edge. That is what I observed on this hair. In addition, the internal characteristics of the item — running through the center of a hair is a medulla, which is a channel. Animal medullas and human medullas look different in that human medullas will have a sort of amorphous shape, which means they don't really have any shape at all, whereas an animal medulla will have — or can have — distinctive patterns within them.
MS. HARTNETT: Also, the size of that medulla or channel that runs through the center of a hair — in a human hair it is approximately one-third the entire width of the hair, whereas in animals it may be much larger than that.
MR. LALLY: Now, as far as — based on your examination of this particular item, this hair — what if any opinion or what if any determination did you come to in regard to that item that you examined microscopically?
MS. HARTNETT: I determined the hair was consistent with a human hair with a root.
MR. LALLY: Now, as far as that item was concerned, were there any measurements that were done in reference to that?
MS. HARTNETT: Yes, there were.
MR. LALLY: And do you recall what the measurements were or what the length was?
MS. HARTNETT: I'd have to refer to my notes, if that's possible.
JUDGE CANNONE: Witness may refer to her notes.
MS. HARTNETT: The hair was approximately 7/8 of an inch long.
MR. LALLY: Now, with regards to item 3-6, the hair — did you perform any testing on that?
MS. HARTNETT: No, I did not.
MR. LALLY: Did not perform any testing — and why not?
MS. HARTNETT: The only type of analysis done on hairs in the criminalistics unit is a visual microscopic examination.
MR. LALLY: But where did the hair go from there?
MS. HARTNETT: At that point I cut the hair into two pieces — one end that contains the root, and then the remaining end of the shaft. The root end went to our internal DNA unit.
MR. LALLY: Now, it may be pretty well understood, but when you say root end versus shaft end, can you explain to the jury what you mean by those descriptions?
MS. HARTNETT: The root end is the end that would have been attached to the scalp, and the shaft end is just the remaining outer portion of the hair.
MR. LALLY: And how is it that you're able to determine the difference between the root end and the shaft end?
MS. HARTNETT: Through the microscopic characteristics that I viewed.
MR. LALLY: Now, with reference to item 3-6, the hair — were any decisions made in regard to what testing could or would be performed on those samples?
MS. HARTNETT: Yes. Based on the criminalistics protocol, the root end of the hair would be tested internally in our DNA unit, and if potential testing needed to be done on the shaft end, that would be sent out to an external lab.
MR. LALLY: And do you know why that is?
MS. HARTNETT: We don't perform that type of DNA testing at our lab.
MR. LALLY: And that's something you're familiar with — the term mitochondrial DNA testing?
MS. HARTNETT: I am familiar with it, but I don't really have a full understanding of it.
MR. LALLY: But as far as your understanding is concerned, the type of testing that would have had to be sent out to an external vendor — that would be the type — was mitochondrial?
MS. HARTNETT: Yes, that was my knowledge.
MR. LALLY: Now, at some point did you have a conversation with regard to examination of the remaining items in this case?
MS. HARTNETT: Sometime in May of '23, yes.
MR. LALLY: And what was discussed?
MS. HARTNETT: It was discussed that I would examine the clothing and some of the other items for biological testing, and specifically there was an item 7-8 which was a gray sweatshirt attributed to Mr. John O'Keefe.
MR. LALLY: Correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now, from that — as far as an additional analysis or examination of those clothing items — what is it that you were doing and what is it that you were looking for as regards to your examination of the clothing?
MS. HARTNETT: I examined the item for biologicals. In this case I was looking to determine if there was any blood present on the item. I also did damage analysis of various areas on the sleeve, in the front and back of the item. I also took a trace collection from the item and additional skin cell collection samples from the item.
MR. LALLY: Now, starting first with — as far as that specific item 7-18, the gray sweatshirt — what if any observations in general did you make when you examined it?
MS. HARTNETT: There were red-brown and brown stains on the item. There was damage from the top of the shirt to the bottom of the shirt, as well as across each sleeve of the shirt. I also noted additional damage on the right sleeve.
MR. LALLY: Now, each of the areas of damage that you observed — similar to what we saw with the vehicle — were those areas marked as well?
MS. HARTNETT: Yes, I marked each of those areas that I was going to do further analysis on with a number.
MR. LALLY: And there were potentially 13 different areas on that sweatshirt that you had marked, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: May I approach the witness?
JUDGE CANNONE: Sure. Yes.
MR. LALLY: I'm just showing you here six photographs and again asking you to look at those and look up when you finish. Do you recognize those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are the photographs I took of item 7-18, the long sleeve gray shirt.
MR. LALLY: And those are the preliminary or overall photographs, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Introducing as next exhibits. Thank you. [Exhibits admitted.] Thank you very much. Ms. Hartnett, before I turn to these, I just had one follow-up question. You had been talking about — or testifying about — the difference between the root end and the shaft end of the hair. You had mentioned that the root end is typically something that would be attached to the scalp, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: So that would be in reference to a hair that comes from someone's head, correct?
MS. HARTNETT: Well, not necessarily. We don't perform body origin identification, and so — to that point — as far as the root end of the hair that was attached to the body at some point, whether it's the head, an arm, a leg — you don't know where, correct? I do not.
MR. LALLY: With the Court's permission, I would ask to publish some of these photographs with the jury as well.
JUDGE CANNONE: Okay.
MR. LALLY: Ms. Gilman, if I could have — excuse me — photograph 9789, putting up on the screen now — what's been marked as exhibit 190. Do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That is the photograph I took of item 7-18. It is the exterior front.
MR. LALLY: And if I could have 9790 — the next photograph — what's up on the screen is exhibit 191. Do you recognize that as well, Ms. Hartnett?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior rear of item 7-18.
MR. LALLY: And if I can have the next Photograph 9791 — again, do you recognize what's up on the screen now, marked as exhibit 192?
MS. HARTNETT: Yes, I do.
MR. LALLY: Can you explain what that is?
MS. HARTNETT: That is the interior front of item 7-18.
MR. LALLY: And lastly — not lastly for this purpose — photograph 9792, and again, do you recognize what's up on the screen, marked as exhibit 193?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That's the exterior — I'm sorry, interior back of item 7-18.
MR. LALLY: And photograph 9795 — again, Miss Hartnett, do you recognize what's up on the screen as exhibit 194?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior front of item 7-18, and it also contains markers that I placed on the item to note areas of damage.
MR. LALLY: And the next photograph would be — Miss Gilman, 9796. Zoomed in now — Miss Hartnett, what are we looking at here?
MS. HARTNETT: That's the right sleeve of the gray sweatshirt, item 7-18.
MR. LALLY: Is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And so starting with some of the 13 different areas — this starts with one, two, four, goes up to nine — is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Thank you. May I approach the witness again?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you another series of photographs — just ask if you could review those, look up when you're finished. Miss Hartnett, do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are closeup photos of the areas of damage one through five.
MR. LALLY: I'd like to introduce these as the — — next exhibit.
JUDGE CANNONE: Thank you.
MR. LALLY: Before I begin — Madam Court Reporter — may I approach just to show the next series of photographs?
JUDGE CANNONE: Okay.
MR. LALLY: Exhibits 196 through 217. Thank you. And, Your Honor, with the court's permission, if I could publish some of those photographs for the jury as well?
JUDGE CANNONE: Yes.
MR. LALLY: I'd like to have photograph 9811. With respect to what's up on the screen, Miss Hartnett, do you recognize what's now been marked as exhibit 196?
MS. HARTNETT: Yes.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is an area of damage that I noted as area one in my notes.
MR. LALLY: If I could have 9812 — again, Miss Hartnett, do you recognize what's up on the screen as exhibit 197?
MS. HARTNETT: Yes, I do.
MR. LALLY: And with respect to this, what are you — — doing here?
MS. HARTNETT: That is a closeup photo of the same area of damage, area one, that has some measurement.
MR. LALLY: And that's a measurement you're taking with reference to the size of that damage, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And did you do that respectively with each of the respective areas that you noted on each of the garments that you examined?
MS. HARTNETT: Yes, I did.
MR. LALLY: If I could have photograph 9813 — again, this is area two, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: If I can have 9815 — what's up on the screen is exhibit 200. Do you recognize this as what?
MS. HARTNETT: That's a photograph of area three that I noted.
MR. LALLY: And if I could have 9817 — now, with respect to what's now been — — marked as exhibit 202 — do you recognize that as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And that's the number four area that you noted on the right arm?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And if I could have photograph 9819 — what's up on the screen is exhibit 204. Do you recognize that as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And again, what is depicted in exhibit 204?
MS. HARTNETT: That's the area of damage number five that I had in my notes.
MR. LALLY: May I approach again?
JUDGE CANNONE: Yes.
MR. LALLY: The photographs that I placed before you while the photographer was marking the prior exhibits — do you recognize what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And can you describe for the jury, generally speaking, what's depicted in those?
MS. HARTNETT: These are closeup photos of — — areas six through eleven that I noted on the long sleeve gray sweatshirt.
MR. LALLY: May I approach and retrieve those?
JUDGE CANNONE: Yes.
MR. LALLY: I'd like to introduce these as the next exhibits, and if I may approach the witness just to present her with this set.
JUDGE CANNONE: Okay.
MR. LALLY: Exhibits 206 through 217. So, Miss Hartnett, what's contained in these photographs now been marked as exhibits 206 through 217?
MS. HARTNETT: Those are essentially the same close-ups and then a closeup with a measurement that the jury just saw in regard to what you had marked as one through five.
MR. LALLY: Yes, that's correct. And this is just six through eleven on that same area in the right sleeve of Mr. O'Keefe's sweatshirt?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now, with regard to the photos that I just placed before you a moment ago — do you recognize what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are the areas of damage twelve and thirteen on the rear of the — — sweatshirt.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes. Thank you very much.
MR. LALLY: Your Honor, with the court's permission, may I publish these photographs for the jury as well?
JUDGE CANNONE: Yes.
MR. LALLY: I'd like to have photograph 9837. Miss Hartnett, do you recognize what's up on the screen as exhibit 218?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize that to be?
MS. HARTNETT: That is the exterior back of the gray sweatshirt, and the items marked are the areas labeled as twelve and thirteen.
MR. LALLY: Are they depicted on that?
MS. HARTNETT: Yes, they are.
MR. LALLY: If you could, using a laser pointer, just draw the jury's attention to where twelve and thirteen are.
JUDGE CANNONE: Is it possible to zoom in on the numbers? I can't read them from here.
MS. HARTNETT: So there's area — I'm sorry — area twelve and area thirteen, and —
MR. LALLY: — exhibit 219 up on the screen. That's just a closer image — those are marked twelve and thirteen, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Thank you. Now, with respect to the other photographs that I had placed before you when the stenographer was marking those — do you recognize in general terms what's depicted in those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are additional pictures of the sweatshirt in which I've also made some notations of areas that need further testing.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Just place these before the witness. Exhibits 222 through 230. Thank you. Now, before I get to what's now been marked as exhibits 222 through 230, if I could just ask you a couple — — questions in regards to the damage that you noted on this item, or really any item — what is the process that you would go through as far as classifying damage to a clothing article?
MS. HARTNETT: I look at the macroscopic characteristics of the area of damage, and then I also examine the area of damage underneath the microscope.
MR. LALLY: And so what would lead you to make that sort of classification as far as something is damaged?
MS. HARTNETT: I look at the overall shape. I also look at the fiber ends — for instance, a tear will have rough fiber ends and possibly separation of the weave of the fabric; or a cut, you have even ends without any — — fraying.
MR. LALLY: Now, are you able to tell from your examination of those fibers and of those clothing materials what caused those tears and cuts?
MS. HARTNETT: No.
MR. LALLY: Are you familiar, through your training and experience, with something called an ALS, or an alternate light source?
MS. HARTNETT: Yes.
MR. LALLY: And can you explain to the jury what your understanding of that term is, and what, if any, use it had to you in this case?
MS. HARTNETT: An alternate light source is a light that uses a different wavelength that enables visualization of some biological fluids that can't be seen necessarily with the naked eye. On this particular shirt, I did use the alternate light source.
MR. LALLY: And what, if anything, did you observe when you used that?
MS. HARTNETT: I used that light source around those areas of damage to determine if there was any biological fluids that were fluorescing. The ALS did not show any stains in that area.
MR. LALLY: Now, with regard to what you had labeled as tears or cuts — one through nine — that you noted, did you do any additional testing or collecting specifically from those areas?
MS. HARTNETT: I collected two cotton swabs moistened with sterile water around those areas of damage.
MR. LALLY: And why did you do that?
MS. HARTNETT: It was told to me that potentially the victim may have been bitten by a dog during an incident, so I was taking — — swabs of that area to be sent out to determine if there's any dog DNA on that area.
MR. LALLY: Now, is that kind of testing — as far as K9 testing or animal testing — is that something that your lab, the state police crime lab, is accredited or authorized to do?
MS. HARTNETT: No, we do not do that type of testing.
MR. LALLY: And is that sort of sent out to an external vendor then?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And is that something that you had done on any prior cases, or any previous situations where you had collected items and sent them out to a specific lab for animal testing?
MS. HARTNETT: I did consult once with an external lab on taking those types of collections, but this is the first time I've collected — — and actually sent something out for that type of testing.
MR. LALLY: And specifically in this case, what lab were those items sent out to?
MS. HARTNETT: We used the UC Davis Veterinary Lab in California.
MR. LALLY: And as far as prior to collecting or prepping — or doing anything as far as collecting samples — who, if anyone, did you talk to, or what, if any, direction did you receive in regard to collecting those samples?
JUDGE CANNONE: I'll allow it.
MS. HARTNETT: I emailed Teri, who is one of the analysts at the lab, who aided me in how best to collect the sample for their lab.
MR. LALLY: And what you were directed to do as far as collection, packaging, and shipping — was — — that at the direction of UC Davis Lab?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And did you perform those functions in conformity with what Miss told you?
MS. HARTNETT: Correct. Yes, that's correct.
MR. LALLY: Now, with regard to those items — did you note, with regard to the clothing items, as far as the gray sweatshirt was concerned, did you note any stains on those areas on that clothing item?
MS. HARTNETT: Yes, I did note stains in those areas.
MR. LALLY: And then what, if any, testing was done on those stains that you observed?
MS. HARTNETT: Can you be more specific about what stains you're referring to?
MR. LALLY: So what I'm specifically referring to is the items on the gray sweatshirt, item 7-18, as far as any — — stains that you observed on there — again, sort of moving on from what you had collected for the UC Davis lab, but in other areas of that item. Let me actually first turn back to that. So the item that we were talking about, as far as where you collected stains from that were sent off to the UC Davis lab — which item were they collected from, and where on that item were they collected?
MS. HARTNETT: I collected two swabs from the areas around — excuse me, from around the damaged areas on the right sleeve. I wasn't necessarily taking them from any stains. I did use the ALS to determine if there were any stains there, which I did not visualize. So I was doing that for potential saliva collection from that area.
MR. LALLY: And thank you for the clarification — I think that was me confusing things as far as the questions go. So, turning away from that area, as far as the collection for the UC Davis lab — in addition to that, what if any stains did you observe on that article of clothing, 7-18, the gray sweatshirt?
MS. HARTNETT: I also observed numerous red-brown stains on that item of clothing.
MR. LALLY: And so with regard to those red-brown stains, what if any testing was done on each of those stains?
MS. HARTNETT: I performed a blood screening test as well as a blood confirmatory test.
MR. LALLY: And those — the same sort of initial screening test you were talking about before, and then the confirmatory test?
MS. HARTNETT: Yes, that's correct. A different screening test was used in the lab than was used at the scene due to a protocol change, but essentially it's the same mechanism.
MR. LALLY: And was that with respect just to the gray sweatshirt, or were there other items of clothing of Mr. O'Keefe that you tested with a screening test in the lab and a confirmatory test in the lab?
MS. HARTNETT: I examined other items of clothing as well.
MR. LALLY: Now if I could bring your attention back to what's now been marked as exhibits 222 through 230 — Your Honor, with the court's permission, if I could publish some of those photographs for the jury?
JUDGE CANNONE: Okay.
MR. LALLY: And, Miss Gilman, first — 9841, what's been marked as 222. Again, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And with reference to your observations of the red-brown stains on that clothing, or any other item of clothing — similar to the tears or cuts, or the damage areas — were those areas similarly marked with some sort of sticker?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And is it sort of the same linear path as far as numbering or lettering? How do you denote those for the red-brown stains on this item?
MS. HARTNETT: I use letters, starting with A and then sort of going through it.
MR. LALLY: Is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And if I have — excuse me — photograph 9842 — again, do you recognize what's up on the screen?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: That would be red-brown stain A that I noted on the sweatshirt.
MR. LALLY: And 9843 — what's up on the screen, which has been marked as exhibit 224 — do you recognize that as well?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize that to be?
MS. HARTNETT: Those are red-brown stains B and C that I noted on the sweatshirt.
MR. LALLY: And, Miss Gilman, if I could have photograph 9844 — what's up on the screen now is exhibit 225. Those are stains that you labeled B, C, and F, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: That's just sort of a foldout version of that to show where B and C were located on the sweatshirt, is that fair to say?
MS. HARTNETT: Yeah, that's correct.
MR. LALLY: And, Miss Gilman, if I can have photograph 9846 — and what's now up on screen is exhibit 227. And again, Mr. Woll, could you zoom in a little bit on those? — Do you recognize what's up there on the screen as exhibit 227?
MS. HARTNETT: Yes, I do.
MR. LALLY: These are two other stains that you noted as D and E on the same item?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: Now, ma'am, with reference to the other photographs that I think you still have before you — that I gave you when the stenographer was marking the last batch — do you recognize generally what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are photographs of item — — 7-17, the orange T-shirt, that was — was belonging to John O'Keefe.
MR. LALLY: And what's depicted in those photographs — is that a fair and accurate portrayal of what you observed as far as the orange T-shirt was concerned in your lab that day?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: May I approach again?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, I seek to introduce the next exhibits — 231 through 241.
JUDGE CANNONE: Thank you, Mr. Lally. We have a few minutes before lunch. Do you intend to display some? I think maybe if you do, do it quickly — do it now. Okay. If you're not — let's — we'll take a break. Jurors, we're going to take the lunch break. I want to see counsel, please.
COURT OFFICER: All rise for the court, please. Court stands in recess to 1:30.
JUDGE CANNONE: All right, so we have to do a better job of streamlining all of these exhibits. What I'd like you to do is, every day, no later than 8:00 in the morning, let Madam Court Reporter know how many exhibits you think there are going to be for the day. Because you may or may not know, but each sticker — Madam Court Reporter puts the exhibit number, the date, and her initials — and that takes a lot of time. So if we can streamline that, that would be much better. How many more do you expect to have for today?
MR. LALLY: May we approach? Just on that.
JUDGE CANNONE: Okay. All right, could we have the witness, please? All right, Ms. Hartnett —
MS. HARTNETT: Good afternoon.
JUDGE CANNONE: Good afternoon.
MR. LALLY: Okay. So with respect to the photographs that were just marked as exhibits of the orange T-shirt — that was marked as item 7-17, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: So, similar to how you had marked off areas of either damage or red-brown stains — was that similar to what you did with the gray hooded sweatshirt? Is that similar to what you did with the orange T-shirt as well?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And then there were two other clothing items that you examined, being a pair of jeans and a set of sneakers, correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And with reference to the jeans — that was marked as item 7-1, is that correct?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: And with respect to the sneakers — that was marked as item 7-4, is that correct?
MS. HARTNETT: Each sneaker had its own item number — one was 7-3 and one was 7-4.
MR. LALLY: And with respect to the evidence, as far as the sticker and sort of the denotations that you had made in regards to either damage or red-brown stains — was that similarly done with respect to each of those remaining clothing items as well?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: With respect to the jeans — showing you a series of photographs — do you recognize those?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: Those are photographs that I took of the pair of jeans.
MR. LALLY: And what's contained in those photographs — is that a fair and accurate portrayal of your observations of those jeans when you conducted your examination of them at the lab?
MS. HARTNETT: Yes, that's correct.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Your Honor, I seek to introduce these.
JUDGE CANNONE: All right. And there's no objection? You said, Mr. Jackson?
MR. JACKSON: Correct.
JUDGE CANNONE: Thank you.
MR. LALLY: Yes, please. Your Honor, if I may, with the court's permission, publish some of the photographs in the packet, from 232 to 241.
JUDGE CANNONE: Okay.
MR. LALLY: Miss Gilman, if I could have — excuse me — photograph 9862. Do you recognize what's up on the screen? That's now been marked as exhibit 231.
MS. HARTNETT: Yes, I do recognize that. That's a photograph I took of item — 7-17, the — orange T-shirt, and it's the exterior front.
MR. LALLY: And Miss Gilman, 9863. And again, Miss Hartnett, do you recognize what's up on the screen as exhibit 232?
MS. HARTNETT: Yes, I do. I recognize that — that's the exterior back of item 7-17.
MR. LALLY: And if I could have 9867. And Miss Gilman, if you could zoom in on the upper right of that. Now Miss Hartnett, do you recognize what's up on the screen as exhibit 233?
MS. HARTNETT: Yes, I do.
MR. LALLY: And again, using the laser pointer, if you could draw the jury's attention to any areas of this shirt that you marked on.
MS. HARTNETT: I marked three specific red-brown stains using these stickers and letters A, B, and C.
MR. LALLY: If I could ask you to keep the zoom in but go to the bottom left — and similarly, within this zoomed-in portion of exhibit 233, using the laser pointer, draw attention — what, if anything, you noted there.
MS. HARTNETT: I noted red-brown stain D, which I marked with a sticker and D.
MR. LALLY: And on the bottom right — photograph 9873. And is it — the screen is now marked as exhibit 239 — do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: And Miss Gilman, if you could zoom in on the upper left photograph. And again, Miss Hartnett, if you could, using the laser pointer, just draw attention to — if anything — you noted there.
MS. HARTNETT: I noted this specific red-brown stain, and I marked it E.
MR. LALLY: And similarly, with the Court's permission, if I could publish what's been marked now as exhibits 242 through 249.
JUDGE CANNONE: Okay.
MR. LALLY: If I can have photograph 9878. Miss Hartnett, directing attention to the screen now marked as exhibit 242 — do you recognize that?
MS. HARTNETT: Yes, I do.
MR. LALLY: What do you recognize those to be?
MS. HARTNETT: That's a photograph of the exterior front of the jeans with the belt, item 7-1.
PARENTHETICAL: [pause]
MR. LALLY: And if I could have photograph 9887. And as you testified before, similarly to the other clothing items that you testified about, did you mark off certain items of interest or areas of interest on this item as well, with respect to the jeans?
MS. HARTNETT: Yes, I did.
MR. LALLY: Is that in this photograph?
MS. HARTNETT: Yes.
MR. LALLY: And Miss Gilman, if I could have that zoomed in. And again, Miss Hartnett, if you could, using the laser pointer before you, direct the jury's attention to those areas that you noted or that you marked off in respect to this.
MS. HARTNETT: I marked off red-brown stains A, B, C, D, and E on the front of those jeans.
MR. LALLY: May I approach?
JUDGE CANNONE: Yes.
MR. LALLY: Showing you another series of photographs — do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: These are photographs of the sneakers, items 7-3 and 7-4.
MR. LALLY: Seek to introduce as the next exhibit.
JUDGE CANNONE: Okay, thank you.
MR. LALLY: Miss Hartnett, with reference to the sneakers and the other clothing items that you received — do you recall how, or where, or when it was that you received each of those respective clothing items, or how the lab received them?
MS. HARTNETT: They were received by the lab from the Norfolk detective unit.
MR. LALLY: And as far as the sneakers being labeled with two different stickers — do you know why that was?
MS. HARTNETT: One of the sneakers was recovered from 34 Fairview Road and one of the sneakers was recovered from the hospital.
MR. LALLY: Now with reference to the photographs that I've just placed before you, have you had a chance to look at those?
MS. HARTNETT: These ones here? Yes.
MR. LALLY: And do you recognize what's depicted in those photographs?
MS. HARTNETT: Yes, I do.
MR. LALLY: And what do you recognize those to be?
MS. HARTNETT: Those are the fingernail clippings that were submitted for John O'Keefe.
MR. LALLY: And do you know where they were submitted from?
MS. HARTNETT: By the Norfolk County detective unit. [unintelligible exchange]
MR. LALLY: Thank you. And your honor, with respect to each of those, I'm not seeking to publish those to the jury at this time.
JUDGE CANNONE: Okay. Lights back on, please.
MR. LALLY: Now, Miss Hartnett, with respect to those stains on the gray sweatshirt, the orange T-shirt, and the jeans — what, if any, testing was done with respect to those stains?
MS. HARTNETT: A screening test was performed on each of the red-brown stains on those items.
MR. LALLY: I'm sorry — did you say the sneakers? Could you repeat what items you're speaking of? With respect to each of those respective clothing items, what, if any, testing was done with regard to any stains you observed on those items — for the sweatshirt, the T-shirt, and the jeans?
MS. HARTNETT: I saw visible red-brown stains, which I screened for blood. I also performed a confirmatory test for blood. There was one stain on the orange T-shirt, however, that was too small to perform that confirmatory test, so for that instance I noted that the stain was quantity limited and I preserved it after the positive screening test instead of performing a confirmatory test, in order to preserve enough material for any DNA analysis. As far as the sneakers, given their dark color, I did not see any visible red-brown stains on the black area of the sneakers, so I used an alternate light source to aid in visualizing any potential blood on those sneakers. With that alternate light source, I tested several stains on the sneakers, one of which screened positive for blood.
MR. LALLY: Now with respect to the other clothing items that you were talking about — doing the screening test and the confirmatory test for blood — with respect to the gray sweatshirt, the orange T-shirt, and the jeans, what were the results of that screening test and that confirmatory test that you ran with regard to each of those?
MS. HARTNETT: The screening test and the confirmatory test were positive.
MR. LALLY: Now beyond the stains, did you take any additional samples from those items?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what were those, and how was that done?
MS. HARTNETT: For each of the items, I picked up any loose trace material — which would be hairs and fibers, or apparent hairs and fibers — that were adhering to the item. I also did a scraping and swabbing for skin cell collection of the unstained areas, and that involves taking a sterile scalpel and swabbing the areas of the clothing that don't have any visible stains on them, and then taking two cotton swabs and swabbing that same area, and then combining those scrapings and swabs for potential DNA analysis. In addition to those, I also took a scraping of each of the materials, and that involves taking the item, using something like a flat metal spatula, and scraping down whatever adhering material is left on the item into a glassine packet.
MR. LALLY: And as far as those items — once they're collected from the clothing — what do you do with them from there?
MS. HARTNETT: Each of those items is given its own item number. It's a sub-item of the overall larger number used to mark the item, and those are sent to the appropriate units for additional testing.
MR. LALLY: And as far as preservation is concerned, when it comes to sending something to either the trace unit or the DNA unit — what, if any, steps are taken in regards to preserving those items once they're removed from the clothing and sent off to the other units?
MS. HARTNETT: Each of those items would be preserved according to protocol. They are sealed properly, initialed and dated with my initials and date. They're entered into our LIMS system so those sub-items could then be tracked throughout the laboratory, and they're stored in the appropriate storage unit.
MR. LALLY: Now, at some point, did you also receive items that were labeled as 3-2 and 3-3?
MS. HARTNETT: I submitted those when I returned from the original scene.
MR. LALLY: And what were those?
MS. HARTNETT: Those were pieces of glass from the bumper and a drinking glass from the crime scene.
MR. LALLY: Now, did you examine those items?
MS. HARTNETT: Yes, I did.
MR. LALLY: And what if any examination did you — and what is it that you were looking for in your examination?
MS. HARTNETT: I did a visual examination, I took photographs, and then I also took a collection from each of the items.
MR. LALLY: And did you do any testing on those items?
MS. HARTNETT: No, I did not.
MR. LALLY: And what kind of samples did you collect from those items?
MS. HARTNETT: I took potential skin cell collection using a swab moistened with sterile water.
MR. LALLY: And as far as the samples that you took, as well as the items themselves, what if anything did you do with reference to those once you were done with your examination?
MS. HARTNETT: The swabs were preserved for testing in the DNA unit, and the original items — the apparent pieces of glass and the drinking glass — were preserved for the trace unit.
MR. LALLY: As far as those preservations were concerned, is that similar to the preservation process you were describing earlier with regard to the clothing items?
MS. HARTNETT: Yes, that's correct.
JUDGE CANNONE: So both Mr. Lally and Miss Hartnett, you have to keep your voices up, or we have to turn the air conditioning off.
MS. HARTNETT: Understood.
MR. LALLY: I may have one moment. Yes. Thank you very much, ma'am. I don't have any further questions.